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ARTICLE · 04 APRIL 2025

Breaking Barriers: High Court Declares SRD Grant Rules Unconstitutional

On January 24, 2025, the Pretoria High Court declared six regulations governing the SRD grant unconstitutional and invalid.

South AfricaLitigation, Mediation & Arbitration

On January 24, 2025, the Pretoria High Court declared six regulations governing the SRD grant unconstitutional and invalid. This decision has significant implications for the administration of the SRD grant, which was introduced in 2020 as an emergency response to the Covid-19 pandemic.

The court found that the online-only application process, the R624.00 monthly income threshold, the grant's value, the definition of "income" and "financial support," the checks against databases indicating income or alternative financial assistance, and the restriction on unsuccessful applicants from relying on new information or evidence in an appeal were unconstitutional. Judge Twala highlighted that the online-only application process excluded individuals without access to smartphones, computers, or the internet, disproportionately affecting vulnerable groups such as the elderly and those in rural areas. The court noted that "there was no reasonable justification to subject

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